What
is an Oregon hardship permit?

A hardship permit is essentially a limited
driver license sometimes available to Oregon licensed drivers who face a
suspension of their Oregon driver license.
A hardship
permit may
be available to you if your license is suspended and you
had a valid Oregon Driver License at the time of your suspension.
See ORS 813.500 et seq; ORS 807.240.

Many states have similar types of limited
licenses but use different names for the license including :
ignition interlock license; a restricted license; an occupational
license; a hardship credential; a restricted credential; a restricted
use permit; a special operator's permit; a conditional permit; an
employment driving permit; an occupational limited license; a special
restricted driver license; a specialized driving privileges; or a
special work permit.

Oregon
hardship permits often are not available
for license "revocations" including the lifetime revocation resulting
from a third or greater Oregon DUII convictions. Oregon hardship
permits are also not available to persons with an out of state driver
license. Hardship permits are also not available for a second
Oregon DUII conviction within a five year period.

Keep in mind that there is often a significant "black out" or waiting
period before you can obtain a hardship permit. See ORS 807.240
and ORS 813.520. Hardship permits
are only available for Class C (non-commercial) driver licenses.
See ORS 807.240(8)(c).

Under Oregon law, hardship permits only allow driving for:

Occupational (work) and employment purposes;

Occupational training or education that is required by your
employer;

Transportation to and from an alcohol or drug treatment or
rehabilitation program;

To look for work (for up to 120 days);

To participate in gambling addiction treatment; and

To obtain medical treatment on a regular basis for you or a member
of the your immediate family.

See OAR 735-064-0060. A hardship permit will not be issued for
more than 12 hours of driving on any one day, except for transportation
to and from an alcohol or drug treatment program.

In order to obtain an Oregon hardship permit you must, among other
things, obtain an SR-22 certificate of liability insurance which will
likely have negative implications for your insurance rates or
insurability. If you choose to enter the diversion program on your
DUII charge, you probably will not have
to file an SR-22 to get your license reinstated unless you
apply for a hardship permit. However, if you are convicted of an
Oregon DUII you will have to file an SR-22 to reinstate your license
regardless of whether you apply for a hardship permit.

If you are convicted of an Oregon DUII or are in the diversion program
you will also have to install an ignition interlock device in your
vehicle in order to obtain a hardship permit.

OREGON HARDSHIP PERMITS LAWS

ORS 807.240
Hardship permit; fees; rules.The
Department of Transportation shall provide for issuance of hardship
driver permits in a manner consistent with this section. A hardship
driver permit grants the driving privileges provided in this section or
under the permit. Except as otherwise provided in this section, a
hardship driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a license. The following apply
to a hardship driver permit:

(1) The department may only issue a permit to a person whose driving
privileges under the vehicle code have been suspended.

(2) Except as provided in ORS 813.520, the department may reinstate the
privilege to operate a motor vehicle of any person whose license to
operate a motor vehicle has been suspended by issuing the person a
hardship permit described under this section if such person qualifies
under this section, ORS 807.250, 807.252 and 813.500. However, the
department may not issue a hardship permit authorizing a person to drive
a commercial motor vehicle.

(3) To qualify for a hardship permit, a person must do all of the
following in addition to any applicable provisions under ORS 807.250,
807.252 and 813.500:

(a) The person must submit to the department an application for the
permit that demonstrates the person’s need for the permit.

(b) The person must present satisfactory evidence, as determined by the
department by rule:

(A) That the person must operate a motor vehicle as a requisite of the
person’s occupation or employment;

(B) That the person must operate a motor vehicle to seek employment or
to get to or from a place of employment;

(C) That the person must operate a motor vehicle to get to or from an
alcohol or drug treatment or rehabilitation program;

(D) That the person or a member of the person’s immediate family
requires medical treatment on a regular basis and that the person must
operate a motor vehicle in order that the treatment may be obtained;

(E) That the person’s driving privileges are suspended for driving
uninsured in violation of ORS 806.010 or for violation of ORS 165.805 or
471.430 and are not suspended for any other reason and that the person
must operate a motor vehicle in order to provide necessary services to
the person or to a member of the person’s family. The department shall
determine by rule what constitutes necessary services for purposes of
this subparagraph. The rule shall include as necessary services, but
need not be limited to, grocery shopping, driving the person or the
person’s children to school, driving to medical appointments and caring
for elderly family members; or

(F) That the person must operate a motor vehicle to get to or from a
gambling addiction treatment program.

(c) If the person is applying for a permit because the person or a
member of the person’s immediate family requires medical treatment on a
regular basis, the person must present, in addition to any evidence
required by the department under paragraph (b) of this subsection, a
statement signed by a licensed physician or certified nurse practitioner
that indicates that the person or a member of the person’s immediate
family requires medical treatment on a regular basis.

(d) The person must show that the person is not incompetent to drive nor
a habitual incompetent, reckless or criminally negligent driver as
established by the person’s driving record in this or any other
jurisdiction.

(e) The person must make a future responsibility filing.

(f) The person must submit any other information the department may
require for purposes of determining whether the person qualifies under
this section, ORS 807.250, 807.252, 813.500 and 813.520.

(4) If the department finds that the person meets the requirements of
this section and any applicable requirements under ORS 807.250, 807.252,
813.500 and 813.520, the department may issue the person a hardship
permit, valid for the duration of the suspension or for a shorter period
of time established by the department unless sooner suspended or revoked
under this section. If the department issues the permit for a period
shorter than the suspension period, renewal of the permit shall be on
such terms and conditions as the department may require. The permit:

(a) Shall limit the holder to operation of a motor vehicle only during
specified times.

(b) May bear other reasonable limitations relating to the hardship
permit or the operation of a motor vehicle that the department deems
proper or necessary. The limitations may include any limitation,
condition or requirement. Violation of a limitation is punishable as
provided by ORS 811.175 or 811.182.

(5) The department, upon receiving satisfactory evidence of any
violation of the limitations of a permit issued under this section or
limitations placed on a hardship permit under ORS 807.252 or 813.510,
may suspend or revoke the hardship permit.

(6) The fee charged for application or issuance of a hardship driver
permit is the hardship driver permit application fee under ORS 807.370.
The department may not refund the fee if the application is denied or if
the driver permit is suspended or revoked. The fee upon renewal of the
driver permit is the same fee as that charged for renewal of a license.
The application fee charged under this subsection is in addition to any
fee charged for reinstatement of driving privileges under ORS 807.370.

ORS 813.500
Restrictions on issuance.(1)
If a person’s license is suspended for driving while under the influence
of intoxicants under ORS 813.400 and the suspension period is determined
by ORS 809.428 (2)(b) or (c), the Department of Transportation may only
issue a hardship permit to the person under ORS 807.240 if the person,
in addition to any requirement under ORS 807.240 and any applicable
requirements under ORS 807.250 and 813.520:

(a) Is examined by the Oregon Health Authority to determine whether the
person has a problem condition involving alcohol, cannabis, controlled
substances or inhalants as described in ORS 813.040; and

(b) Complies with the requirements of this section.

(2) If the authority determines that the person has a problem condition
involving alcohol, cannabis, controlled substances or inhalants, as
described in ORS 813.040, the department may issue the permit to the
person only if both the following apply:

(a) The person enrolled in a program for rehabilitation for alcoholism
or drug dependence approved by the authority.

(b) The authority recommends, on the basis of the person’s progress in
the rehabilitation program, such reinstatement in writing to the
department. If the authority makes a recommendation under this
paragraph, the authority shall state specifically in the recommendation
the times, places, routes and days of the week minimally necessary for
the person to seek or retain employment, to attend any alcohol or drug
treatment or rehabilitation program or to obtain necessary medical
treatment for the person or a member of the person’s immediate family.

(3) The person may use the hardship permit to get to or from a gambling
addiction treatment program, in addition to the places listed in
subsection (2) of this section.

(4) If the authority determines that the person does not have a problem
condition involving alcohol, cannabis, controlled substances or
inhalants as described in ORS 813.040, the department may issue the
permit to the person only if, in addition to any requirements under ORS
807.240, the person enters an alcohol or drug information program
approved by the authority and the department determines that issuance of
a permit is appropriate. If the department issues a permit to a person
described in this subsection, the department shall require, under ORS
807.240, that the person complete the program as a condition of
retaining the permit. [1983 c.338 §328; 1985 c.16 §145; 1987 c.801 §13;
1989 c.401 §2; 1991 c.557 §9; 1999 c.619 §13; 2003 c.23 §4; 2009 c.595
§1146; 2017 c.21 §88; 2017 c.319 §4]

ORS 813.510
Limitations on privileges granted by permit; conditions of permit.This
section establishes limitations that the Department of Transportation is
required or permitted to place on hardship permits issued under ORS
807.240 to persons whose suspension is based upon a conviction for
driving under the influence of intoxicants or upon ORS 813.100.
Limitations placed on a hardship permit under this section are in
addition to any limitations placed on the permit under ORS 807.240. A
person’s permit is subject to suspension or revocation as provided under
ORS 807.240 if the department determines that the holder of the permit
has violated any limitation placed upon the permit under this section.
Violation of a limitation under this section is punishable as provided
by ORS 811.175 or 811.182. The limitations are as described in the
following:

(a) To the times, places, routes and days the department determines to
be minimally necessary for the person to seek or retain employment, to
attend any gambling addiction, alcohol or drug treatment or
rehabilitation program or to obtain required medical treatment for the
person or a member of the person’s immediate family; and

(b) To times, places, routes and days that are specifically stated.

(2) The person’s driving privileges under the permit are subject to
suspension or revocation if the person does not maintain a good driving
record, as defined by the administrative rules of the department, during
the term of the permit.

(3) If the person is in a rehabilitation program under ORS 813.500, the
person must complete the rehabilitation program.

(4) The department may require the person to complete a driver
improvement program under ORS 809.480 as a condition of the permit.

(5) If the person is involved in a diversion agreement under ORS 813.220
and 813.230, the department may require the person to successfully
complete the diversion program as a condition of retaining the permit.

(6) The department shall condition the permit so that the permit will be
revoked if the person is convicted of any of the following:

(a) Reckless driving under ORS 811.140.

(b) Driving under the influence of intoxicants under ORS 813.010.

(c) Failure to perform the duties of a driver under ORS 811.700 or
811.705.

(d) Fleeing or attempting to elude a police officer under ORS 811.540.

ORS 813.520
Limitations on authority to issue hardship permit or reinstate driving
privileges.In
addition to any provisions of ORS 807.240 and 813.510 or 807.250, this
section establishes limitations on the authority of the Department of
Transportation to issue driving privileges under ORS 807.240. The
department may not reinstate any driving privileges or issue any
hardship permit under ORS 807.240 as provided under any of the
following:

(1) For a period of 90 days after the beginning of the suspension if the
suspension is for refusal of a test under ORS 813.100 and the person is
not subject to an increase in the time before a permit may be issued for
reasons described in ORS 813.430. This period of 90 days shall be
reduced by the time the department refused to issue a hardship permit
under subsection (5) or (6) of this section if the person’s driving
privileges were suspended based on the same occurrence.

(2) For a period of 30 days after the beginning of the suspension if the
suspension is because a breath or blood test under ORS 813.100 disclosed
that the person had a level of alcohol in the person’s blood that
constituted being under the influence of intoxicating liquor under ORS
813.300 and the person is not subject to an increase in the time before
a hardship permit may be issued for reasons described in ORS 813.430.
This period of 30 days shall be reduced by the time the department
refused to issue a hardship permit under subsection (5) or (6) of this
section if the person’s driving privileges were suspended based on the
same occurrence.

(3) For a period of one year after the beginning of the suspension if
the suspension is because a breath or blood test under ORS 813.100
disclosed that the person had a level of alcohol in the person’s blood
that constituted being under the influence of intoxicating liquor under
ORS 813.300 and the person is subject to an increase in the time before
a hardship permit may be issued for reasons described under ORS 813.430.
This period of one year shall be reduced by the time the department
refused to issue a hardship permit under subsection (5) or (6) of this
section if the person’s driving privileges were suspended based on the
same occurrence.

(4) For a period of three years after the beginning of the suspension if
the suspension is for refusal of a test under ORS 813.100 and the person
is subject to an increase in the time before a hardship permit may be
issued for reasons described in ORS 813.430. This period of three years
shall be reduced by the time the department refused to issue a hardship
permit under subsection (5) or (6) of this section if the person’s
driving privileges were suspended based on the same occurrence.

(5) For a period of 90 days after the beginning of the suspension under
ORS 813.400 if it is the person’s second conviction for driving while
under the influence of intoxicants if the suspension period is
determined by ORS 809.428 (2)(b). This period of 90 days shall be
reduced by the time the department refused to issue a hardship permit
under subsection (1), (2), (3) or (4) of this section if the person’s
driving privileges were suspended based on the same occurrence.

(6) For a period of one year after the beginning of the suspension under
ORS 813.400 for driving while under the influence of intoxicants if the
suspension period is determined by ORS 809.428 (2)(c). This period of
one year shall be reduced by the time the department refused to issue a
hardship permit under subsection (1), (2), (3) or (4) of this section if
the person’s driving privileges were suspended based on the same
occurrence.

(7) To any person who has a mental or physical condition or impairment
that affects the person’s ability to safely operate a motor vehicle.

(8) If the suspension is based upon a conviction for a violation of ORS
813.010 or is imposed under ORS 813.410 based upon ORS 813.100 to a
person who has available public or private transportation sufficient to
fulfill the person’s transportation needs while the person is suspended.

(9) For a period of 30 days following imposition of suspension, if the
person, within the previous year, has been convicted of a traffic crime
and the suspension is based upon a conviction for violation of ORS
813.010 or is imposed under ORS 813.410 based upon ORS 813.100. [1985
c.16 §148; 1985 c.672 §16; 1987 c.673 §1a; 1987 c.801 §15; 1989 c.224
§141; 1989 c.401 §3; 1993 c.305 §9; 1995 c.568 §9; 1999 c.1051 §91; 2005
c.140 §5; 2009 c.607 §1]

OAR 735-064-0060 Standards
for Issuance of Hardship Permits

(1) All hardship permits are restricted to minimally meet the
applicant’s needs. Upon request, the permit holder must submit
verification of those needs to DMV or law enforcement. The person must
have the hardship permit in addition to a valid driver license in the
person's possession at all times when driving.

(2) DMV may issue hardship permits only for the following purposes:

(a) Occupational and employment purposes;

(b) Occupational training or education that is required by the
applicant’s employer;

(c) Transportation to and from a gambling addiction, alcohol or drug
treatment or rehabilitation program;

(d) To seek employment; and

(e) To obtain medical treatment on a regular basis for the person or a
member of the person’s immediate family.

(3) A hardship permit will not be issued for more than 12 hours of
driving on any one day, except for transportation to and from a gambling
addiction, alcohol or drug treatment or rehabilitation program.

(4) A hardship permit issued to look for work will not be issued for a
period of more than 120 days at a time.

(5) DMV may deny a hardship permit to an applicant who has public or
private transportation available which is sufficient to serve the
applicant’s transportation needs as established in section (2) of this
rule.

(6) DMV will determine whether public or private transportation is
sufficient to serve the applicant’s need based upon the following
criteria:

(a) Convenience in terms of hours and distance;

(b) Requirements of occupation or employment;

(c) Physical limitations of applicant; and

(d) Personal safety of applicant.

(7) An applicant with multiple suspensions, multiple revocations under
ORS 809.600, or combination of suspensions(s) and revocations(s), must
satisfy the requirements for each type of suspension and revocation to
obtain a hardship permit.

(8) If the applicant is suspended under ORS 809.260 the applicant may
apply either for privileges granted under a hardship permit as described
in this rule or an emergency permit as described in OAR 735-064-0230,
but not both.

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